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June 28th, 2010
04:06 PM ET

High court strikes down Chicago handgun ban

Bill Mears

The court says individuals have equal or more power than states in the possession of certain guns for self-protection.
The court says individuals have equal or more power than states in the possession of certain guns for self-protection.

In another dramatic victory for firearm owners, the Supreme Court has ruled unconstitutional Chicago, Illinois', 28-year-old strict ban on handgun ownership, a potentially far-reaching case over the ability of state and local governments to enforce limits on weapons.

A 5-4 conservative majority of justices on Monday reiterated its 2-year-old conclusion that the Constitution gives individuals equal or greater power than states on the issue of possession of certain firearms for self-protection.

"It cannot be doubted that the right to bear arms was regarded as a substantive guarantee, not a prohibition that could be ignored so long as states legislated in an evenhanded manner," wrote Justice Samuel Alito.

The court grounded that right in the due process section of the 14th Amendment. The justices, however, said local jurisdictions still retain the flexibility to preserve some "reasonable" gun-control measures currently in place nationwide.

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Read the full ruling here...


Filed under: Gun Control
soundoff (7 Responses)
  1. Luca Richards

    i always thought that gun control should be mandatory in all places`-*

    September 8, 2010 at 1:46 pm |
  2. Tommy Peters

    When guns are outlawed only outlaws will have guns. I have them and intend to use them if necessary for protection. Now if I was to use one to committ a crime against another human then I should be eliminated. The same with baseball bats, knives, or other weapons. Their use to committ crimes should be the issue.

    June 29, 2010 at 6:05 pm |
  3. Miguel

    Same old story, guns don't kill people, criminals kill people, who are gun laws for? Criminals do not care about gun laws.

    June 28, 2010 at 6:29 pm |
  4. Desiree

    I agree, Michael. Reasonable restrictions are the way to go. Owning a gun is a constitutional right and law abiding citizens should not have this right revoked. In AZ, you actually no longer need a concealed weapons permit to carry a gun. I'm still on the fence with that one but I believe that we are finally moving toward restoring some of our freedoms that have been taken away due to a small percentage of criminals.

    June 28, 2010 at 5:54 pm |
  5. Justin

    Agreed. I would say I'm left of the center, and a Chicagoan, and would like to own a handgun legally. Have sensible restrictions, and harsh penalties for unlawful use. In fact, I welcome harsh penalties for unlawful guns, that way there is incentive for people to be lawful with them. The criminals clearly don't have enough of a threat of the law to not acquire guns illegally. Ask anyone near Englewood, or Garfield Park if they think gun laws are working on the criminals.

    June 28, 2010 at 5:44 pm |
  6. Michael

    It's about time. Now, law-abiding citizens can protect themselves, because the gang-bangers and criminals are already getting all the guns they want. I am one of those citizens, and I actually welcome reasonable restrictions because I don't have any illegal reasons for wanting to own a gun. This is a great day for ordinary citizens who want to protect themselves. I am not in the NRA. I am a liberal. But I want to protect my home and myself. And Daley has blown this whole thing. I hope they get it right this time. And, although any loss of life is unfortunate, when the next few criminals try to break into someone's home and get themselves shot, maybe it'll give criminals pause to think. Now the regular folks can protect themselves again. Pretty much like it says in the Constitution.

    June 28, 2010 at 5:14 pm |
  7. Jim

    Being a native of Illinois and being familiar with the gun permit process already in place I would like to Chicago and Illinois along with the rest of the country focus on banning assult weapons.

    June 28, 2010 at 4:21 pm |